IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090008733 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal.

2.  The applicant states he received two awards of the Bronze Star Medal during his service in Vietnam and one Bronze Star Medal has been added to his
DD Form 214, but he does not know which one it is.  He adds he would like his
DD Form 214 to show both awards.

3.  The applicant provides, in support of his application, copies of Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Orders Number 1306, dated 9 July 1971; Headquarters, 23rd Infantry Division, General Orders Number 10576, dated 23 September 1971; and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States and entered active duty for a period of 2 years on 5 February 1970.  Upon completion of training he was awarded military occupational specialty 13A (Field Artillery Basic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 27 June 1970 through 8 September 1971;

   b.  Item 38 (Record of Assignments) that he was assigned to C Battery, 
5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized) (RVN) from 15 July 1970 to 19 July 1971; he was assigned to the 23rd Administration Replacement Detachment (RVN) from 20 July to 1 August 1971; he was assigned to B Battery, 1st Battalion, 82nd Artillery (RVN) from 2 to 25 August 1971; and he assigned to A Battery, 1st Battalion, 82nd Artillery (RVN) from
26 August to 3 September 1971;

   c.  Item 39 (Campaigns) that he served in the RVN during an unnamed campaign; and

   d.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) (RVN), General Orders Number 1306, dated 9 July 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in the RVN from July 1970 to July 1971.

5.  Headquarters, 23rd Infantry Division, General Orders Number 10576, dated 23 September 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in the RVN from 1 October 1970 to 31 August 1971.

6.  The applicant's DD Form 214 shows he entered active duty this period on
5 February 1970, he was honorably released from active duty on 9 September 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training). At the time he had completed 1 year, 7 months, and 5 days of net active service and 1 year, 2 months, and 12 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

7.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 1 August 2005, shows the Bronze Star Medal was added to item 24 of the applicant's 9 September 1971 DD Form 214.
 
8.  A review of the applicant's military personnel records show he may be authorized additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records show he received conduct and efficiency ratings of "excellent" throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Good Conduct Medal.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the DA Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII, and Consolidation I campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to the 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized) (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

12.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Bronze Star Medal.

13.  Army Regulation 600-8-22 states, in pertinent part, that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Bronze Star Medal.

2.  General orders awarded the applicant the Bronze Star Medal for meritorious service in the RVN on two occasions.  Records also show the applicant's
DD Form 214 was corrected to show one award of the Bronze Star Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Bronze Star Medal.  However, the periods of service for those two Bronze Star Medals overlap to a great extent.  Since it appears it was the intent of the 23d Infantry Division to award the applicant the Bronze Star Medal for his meritorious service during his time with its Division, it would be appropriate at this time to amend General Orders Number 10576, dated 23 September 1971, as it pertains to the applicant to show he was awarded the Bronze Star Medal with first oak leaf cluster for the period 20 July 1971 through 3 September 1971.

3.  The applicant served a qualifying period of active duty service for award of the Good Conduct Medal.  Therefore, it would be appropriate to show this award on his DD Form 214.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his
DD Form 214 to show this foreign unit award.

BOARD VOTE:

_____x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 5 February 1970 to 9 September 1971;

     b.  amending General Orders Number 10576, dated 23 September 1971, as it pertains to the applicant to show he was awarded the Bronze Star Medal with first oak leaf cluster for the period 20 July 1971 through 3 September 1971.

   c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   d.  voiding his DD Form 215, dated 1 August 2005, that added the Bronze Star Medal to item 24 of his DD Form 214;

	e.  adding to item 24 of his DD Form 214 the Bronze Star Medal (First Oak Leaf Cluster), Good Conduct Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

	f.  providing him a DD Form 215 that shows these corrections.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090008733



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ABCMR Record of Proceedings (cont)                                         AR20090008733



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